Applicants for Criminal Law legal aid must be able to satisfy two eligibility tests:
Applicants must first be able to demonstrate that they meet the financial test to qualify.
All applicants (other than those under 18 years of age) are required to evidence that they are financially eligible for Legal Aid.
Criminal matters in the Youth Court will automatically qualify for Legal Aid.
If your personal capital is below £59,000 and your personal income is below £59,000, or if you are only in receipt of Income Support you may qualify for Legal Aid.
If either your capital or income exceeds the above thresholds, you will not qualify for Legal Aid.
Criminal Legal Aid is provided by a panel of specialist criminal lawyers. You have a choice of representation from firms on the Criminal Legal Aid Panel.
If your chosen firm is available, one of the named criminal lawyers at that firm will represent you in Court. If your chosen firm is unavailable, you will be allocated the next lawyer, on a rota basis, from the Criminal Legal Aid Panel. You do not have a second choice if your first choice is not available.
If you do not wish to exercise your choice of representation, you will be allocated the next lawyer, on a rota basis, from the Criminal Legal Aid Panel.
The Personal Capital Limit is £59,000 and the Personal Income Limit is £59,000.
Capital includes property (including the equity in any property, whether in Jersey or elsewhere), savings and investments.
Where assets are jointly owned (e.g. property, savings accounts), 50% of the total value should be included in the capital calculation.
Income includes your gross employment income (before any deductions are made for tax or social security), pensions, benefits (including Income Support), investment income or interest and maintenance payments.
The Legal Aid Office may require you to provide evidence of your capital and income e.g. pay slips, mortgage statements, bank statements, income support assessments.
You will not be required to make any contributions towards the cost of your legal representation in criminal matters.
2. Nature of offence
All criminal matters in the Royal Court
All criminal matters in the Youth Court
All criminal matters in the Magistrate’s Court, except minor motor-related and criminal offences
Criminal Legal Representation
You do not qualify for Legal Aid?
Please click here to see if you are financially eligible
Applicants in criminal matters will have a choice of representation from an accredited panel of criminal practitioners. A full list of criminal law practitioners can be found here.
You can also pay for advice from a local Advocate or solicitor. A full list of criminal legal aid practitioners can be found here.